If you’re an immigrant, student, or exchange visitor in the United States, receiving a Notice of Intent to Terminate (NOIT) from USCIS or SEVIS can be alarming. A NOIT means the government believes there is a reason to end your immigration status, visa program, or benefit. The good news: with the right legal strategy and timely response, you may be able to prevent termination and keep your status.
What Is a Notice of Intent to Terminate (NOIT)?
A Notice of Intent to Terminate is a formal warning that the government intends to end a program, petition, or your legal immigration status. Unlike a simple Request for Evidence (RFE), a NOIT signals that USCIS, SEVIS, or another agency has already identified serious concerns that could lead to termination.
Common Reasons for Receiving a NOIT
You may receive a NOIT for several reasons, depending on your immigration category:
- F-1 or J-1 students/scholars: Noncompliance with SEVIS regulations, unauthorized employment, or failure to maintain a full course of study.
- J-1 program sponsors: Failure to meet Department of State program obligations.
- Employment based petitions: Alleged misrepresentation, failure to meet wage/position requirements, or inability of the employer to support the position.
- Nonprofit/research organizations: Failure to maintain compliance with sponsorship or program duties.
What Happens After a NOIT?
- Response deadline: You typically have 30 days (sometimes 15) to respond to the NOIT.
- Termination: If you do not respond or if the response is insufficient, the government may terminate your program, visa sponsorship, or legal status.
- Consequences: Termination can lead to loss of status, unlawful presence, bars to reentry, or deportation proceedings.
How to Respond to a Notice of Intent to Terminate
Responding effectively requires more than just submitting documents. It requires a strategic legal defense. Here’s how our firm helps clients facing a NOIT:
- Careful review of allegations – We analyze the NOIT line-by-line to identify exactly what USCIS or SEVIS is challenging.
- Gathering strong evidence – Enrollment records, financial documentation, employer compliance proof.
- Drafting a legal argument – We prepare a detailed attorney brief connecting your evidence to immigration regulations and case law.
- Submitting a timely response – Organized, professional, and persuasive to maximize your chances of avoiding termination.
Success Stories
- J-1 Research Scholar: Received a NOIT for alleged unauthorized employment. We provided proof of institutional approval and program compliance. The Department of State withdrew the termination notice, and the scholar continued his research in the U.S.
- Employer-sponsored petition: A company faced a NOIT due to wage compliance questions. We submitted legal analysis showing full compliance. USCIS approved the petition, and the employee maintained lawful status.
FAQs About NOITs
1. Can I appeal a NOIT decision?
Yes. If termination occurs, you may appeal or challenge the decision, depending on the type of immigration benefit.
2. Is a NOIT the same as a NOID (Notice of Intent to Deny)?
No. A NOID is issued before a case decision, while a NOIT is about ending an existing status or program.
3. Do I need a lawyer to respond to a NOIT?
Absolutely. A NOIT is a serious matter and failure to respond properly can mean losing your status in the US. We can help craft the right defense and protect your future.
Don’t Risk a Denial. Let Us Protect Your Status After a NOIT
A Notice of Intent to Terminate is a critical warning sign, but it does not have to mean the end of your US journey. With the right evidence, legal strategy, and representation, we have successfully helped many people successfully overcome a NOIT and preserve their immigration status.
If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your status.